Constitutional Court Act applicable to the proceedings of constitutional review of a law, competency dispute among state institutions, and
constitutional petition, there is no provision permitting exception to
the secrecy of deliberation with respect to the impeachment adjudication.
Therefore, in this impeachment adjudication, the separate opinions of
the individual Justices or the numbers thereof may not be pronounced
in the decision.
It should be noted that, concerning the above position, there
was also a position that separate opinions may be pronounced and
disclosed in the decision, interpreting Article 34(1) of the Constitutional
Court Act as a provision merely providing for non-disclosure of the
deliberative proceedings in that only the external proceeding or the
content of the opinions exchanged therein to reach the conclusion
should not be disclosed and the final opinion of the individual participating Justices reached through such deliberative process may be
disclosed, and interpreting Article 36(3) of the Constitutional Court
Act as a provision permitting disclosure of separate opinions since
such provision is based on the consideration to prevent the problem
of indiscriminately mandating disclosure of separate opinions where
it is improper to disclose separate opinions in impeachment adjudication
or political party resolution proceeding, thus leaving the decision to
disclose separate opinions in impeachment adjudication to the discretion
of the participating Justices.
Justices Yun Young-chul (Presiding Justice), Kim Young-il,
Kwon Seong, Kim Hyo-jong, Kim Kyung-il, Song In-jun, Choo
Sun-hoe (Assigned Justice), Jeon Hyo-sook, and Lee, Sang-kyung
Appendix 1. List of Counsel representing Petitioner: Omitted.
Appendix 2. List of Counsel representing Respondent: Omitted.
Appendix 3. National Assembly's Impeachment Resolution: Omitted.
---------------------------------
Aftermath of the Case5)
By its decision on May 14, 2004 to reject the petition for impeachment adjudication, the Constitutional Court brought an end to the
political and legal debates for and against the impeachment of the
President that lasted for over two months, and President Roh Moo-hyun
thereby returned to his office in sixty-three days from suspension
5) Not part of the official opinion of Court. (translator's note)
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